On Tuesday, September 24, 2024, Justice Binta Nyako of the Federal High Court in Abuja stepped down from overseeing the trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), following a request by Kanu and his lawyer, Aloy Ejimakor.
During the hearing, the prosecution, represented by Adegboyega Awomolo, expressed readiness to proceed with the trial, which involved a seven-count charge of terrorism. However, Ejimakor called for an adjournment, citing two pending appeals that questioned the court’s jurisdiction. Awomolo countered by stating that an ongoing criminal trial could not be halted due to an appeal and suggested the defense seek a stay of proceedings in the appellate court.
Justice Nyako had previously ruled that no further applications would be entertained until the trial concluded. Ejimakor, however, maintained that proceeding with the trial was inappropriate, arguing that court orders allowing Kanu to prepare his defense had not been followed.
Tensions rose when Kanu interrupted the proceedings, expressing his dissatisfaction with the court’s handling of his case. He insisted that the Supreme Court had ruled that his fundamental rights must be respected, particularly regarding access to his legal team. Kanu then requested that Justice Nyako recuse herself, accusing the court of not following the Supreme Court’s orders.
Awomolo disputed Kanu’s interpretation of the 2023 Supreme Court ruling, arguing that the court had instructed the continuation of the trial. Despite this, Justice Nyako announced her decision to withdraw from the case, stating that she could not continue if the defendant had lost confidence in the court.
Following her recusal, she referred the case to the chief judge for reassignment, marking an unexpected development in the ongoing legal battle. Awomolo thanked the judge but expressed regret over the situation.
